5.  The applicants were born in 1955, 1945, 1970, 1963, 1973, 1950, 1950, 1930, 1955, 1955, 1965 and 1958 respectively and all live in Şırnak.
6.  On 13 September 1999 the applicants Halit Aşan, Abdullah Aşan, M.Sıddık Aslan, Zeki Aslan, Adil Aşan, Übeyt Yacan, Şahbaz Aslan, Sülayman Aslan, Bazi Aşkan and Ahmet Aşan were arrested by gendarmes and taken into custody at the Beytüşşebab Provincial Gendarmerie Headquarters. The arrest protocol prepared by the gendarmes stated that the arrestees had been suspected of aiding and abetting an illegal terrorist organisation, namely the PKK (the Kurdistan Workers' Party).
7.  On 17 September 1999 the Beytüşşebab Public Prosecutor requested the Magistrates' Court to extend the period of the applicants' detention in custody. The Magistrates' Court extended the period of their detention for ten days.
8.  Between 15 and 19 September 1999, these applicants were questioned by three gendarmes in relation to their involvement in terrorist activities.
9.  In the morning of 18 September 1999, the applicants Zeki Aşan and Zübeyir Aşan were arrested on suspicion of aiding and abetting the PKK and possessing drugs. They were also placed in custody at the Provincial Gendarmerie Headquarters.
10.  On 21 September 1999 Zeki Aşan and Zübeyir Aşan were also questioned by the gendarmes in relation to their involvement in the PKK.
11.  On 13 September 1999 and 22 September 1999, the applicants underwent medical examinations at the Beytüşşebab Health Centre at the request of the Beytüşşebap District Gendarmerie Command. The medical reports issued for the applicants by the Health Centre referred to the following findings prior to and subsequent to their detention in custody:
12.  The medical reports of 13 September 1999 and 22 September 1999 on Halit Aşan stated that no physical injuries such as scars, bruises, ecchymoses, haematoma or anything else had been identified, other than an old surgical scar.
13.  The medical report of 13 September 1999 on Abdullah Aşan stated that there was an old surgical scar and that the patient was possibly suffering from chronic bronchitis. It further stated that no physical injuries such as scars, bruises, ecchymoses, haematoma or anything else had been identified.
14.  The medical report of 22 September 1999 indicated that Abdullah Aşan had difficulty in moving his arms and shoulders and that he had tenderness on his back, calf and thigh. It further stated that no physical injuries such as scars, bruises, ecchymoses, haematoma or anything else had been identified, other than an old surgical scar.
15.  The medical report of 13 September 1999 on Mehmet Sıddık Aslan stated that no physical injuries such as scars, bruises, ecchymoses, haematoma or anything else had been identified, other than an old surgical scar.
16.  The medical report of 22 December 1999 stated that no physical injuries such as scars, bruises, ecchymoses, haematoma or anything else had been observed on the applicant. It was also noted that the applicant had a problem with his vision, pain in his lumbar region and felt exhausted.
17.  The medical report of 13 September 1999 on Zeki Aslan stated that no physical injuries such as scars, bruises, ecchymoses, haematoma or anything else had been identified, other than an old injury scar on one arm which was tender when touched.
18.  According to the medical report dated 22 September 1999, one ear and the left shoulder were tender and the applicant had difficulty in moving his left thumb. The report also stated that there was an ecchymosis measuring 4 cm on the applicant's left hand and that he had reported pain in his back. Finally, an old injury scar was observed on one arm.
19.  The medical report of 13 September 1999 on Adil Aşan recorded an old burn scar measuring 7 cm on the right arm, an old surgery scar around the right eye and an old injury scar on the right knee. It further stated that no other physical injuries such as scars, bruises, ecchymoses, haematoma or anything else had been identified
20.  The medical report dated 22 September 1999 stated, in addition to the above findings, that the applicant had tenderness and difficulty in moving both his arms and that the lumbar area was tender. However, no physical injuries such as scars, bruises, ecchymoses, and haematoma had been identified.
21.  The medical report of 13 September 1999 on Übeyt Yacan stated that no physical injuries had been identified, apart from red and painful testicles and an old scar.
22.  According to the medical report dated 22 September 1999, the applicant had difficulty with the movement of his arms and shoulders, which were tender. He had extreme tenderness in the lumbar region and had red and painful testicles. He had an ecchymosis on his left thumb, which was also tender. Furthermore, he had difficulty in urinating.
23.  The medical report dated 13 September 1999 on Şahbaz Aslan stated that no physical injuries such as scars, bruises, ecchymoses or haematoma had been identified.
24.  According to the medical report dated 22 September 1999, Şahbaz Aslan had difficulty in standing up and looked extremely haggard. He had difficulty in moving his arms and shoulders. His back and calf were tender. His left eye was also bloodshot.
25.  The medical report dated 13 September 1999 on Süleyman Aslan stated that no physical injuries such as scars, bruises, ecchymoses or haematoma had been identified, other than an old scar.
26.  According to the medical report dated 22 September 1999, Süleyman Aslan had redness and tenderness on the nape of his neck. His left shoulder was also tender.
27.  The medical report of 13 September 1999 on Bazi Aşkan stated that his lumbar area was tender when touched, and that there were injury scars on both knees.
28.  The medical report of 22 September 1999 stated that his left arm and shoulder were tender. His lumbar area was also tender. However, no physical injuries such as scars, bruises or ecchymoses had been identified.
29.  The medical report of 13 September 1999 on Ahmet Aşan indicated that he had a graze on his neck and that his lumbar area was tender. There was no sign of a physical violence on the body.
30.  The medical report dated 22 September 1999 stated that he had difficulty with the movement of his arms and shoulders, which were also tender. He had pain in the lumbar region and chest. There was no sign of a scar, bruise or ecchymosis on his body.
31.  The medical report dated 18 September 1999 on Zeki Aşan stated that there was no sign of any physical violence on the body.
32.  According to the medical report of 22 September 1999, the applicant's left arm, shoulder and left lumbar area were tender. He had redness on his right leg and back. He had an ecchymosis of 3x2 cm on his right arm.
33.  The medical report dated 18 September 1999 on Zübeyir Aşan indicated that there was a healed fracture and an old surgery scar measuring 5-6 cm on his right knee. There was also a surgery scar on the external side of the right ankle resulting from a fracture.
34.  The medical report dated 22 September 1999 stated, in addition to the above, that the applicant's right shoulder and left lumbar area were tender. However, there was no sign of any scar, bruise or ecchymosis on his body.
35.  On 22 September 1999 the applicants were brought before the public prosecutor. They claimed that they had been subjected to torture in custody. They further denied the veracity of the statements taken by the gendarmes. Some of the applicants' statements were taken with the help of an interpreter since they had trouble in understanding and speaking Turkish.
36.  The applicants, together with other suspects, were brought before the Beytüşşebab Magistrates' Court. They denied the statements which they had made to the gendarmes, alleging that they had been obtained under torture. At the end of the hearing which finished late in the evening of 22 September 1999, the Magistrates' Court ordered the applicants' detention on remand.
37.  On 23 September 1999 the applicants filed objections with the Beytüşşebap Assize Court against the detention order issued by the Magistrates' Court. They claimed that they were innocent of the alleged crimes and that they should be released pending trial. The Assize Court dismissed their request.
38.  On 4 October 1999 the Beytüşşebap Chief Public Prosecutor, considering the nature of the alleged offences, issued a decision of non‑jurisdiction in respect of the applicants and sent the case file to the Chief Public Prosecutor's office at the Diyarbakır State Security Court.
39.  On 20 October 1999 the Chief Public Prosecutor filed a bill of indictment with the Diyarbakır State Security Court against the applicants. He requested that:
-  Halit Aşan and Mehmet Sıddık Aslan be convicted and sentenced under Article 125 of the Criminal Code and section 5 of the Prevention of Terrorism Act (Law no. 3713);
-  Süleyman Aslan be convicted and sentenced under Article 168 § 2 of the Criminal Code and section 5 of the Prevention of Terrorism Act;
-  Abdullah Aşan, Zeki Aslan, Adil Aşan, Übeyt Yacan, Şahbaz Aslan, Ahmet Aşan, Zeki Aşan and Zübeyir Aşan be convicted and sentenced under Article 125 of the Criminal Code; and that
-  Bazi Aşkan be convicted and sentenced under Article 168 § 2 of the Criminal Code and section 5 of the Prevention of Terrorism Act.
40.  On 9 December 1999 the Diyarbakır State Security Court heard the applicants. In the course of the hearing, the applicants filed petitions containing their defence submissions and complaints. They complained that they had been subjected to various types of ill-treatment during their detention. They alleged, in particular, that they had been deprived of food and water, kept blindfolded, beaten, hung, stripped naked, given electric shocks and had been hosed with pressurised water. They had been made to listen to high volume music and screams, truncheons had been inserted in their anus, and they had been forced to lie down on a wet floor. The applicants also alleged that they had been forced under torture to sign statements prepared by the gendarmes. The applicants' representative requested the release of the applicants pending trial. He also asked the court to initiate criminal proceedings against those who had inflicted torture on his clients.
41.  The court took note of the applicants' allegations contained in their petitions and stated that they had been included in the case file. It then ordered the release pending trial of the applicants, with the exception of Halit Aşan, Süleyman Aslan and Mehmet Sıddık Aslan.
42.  Meanwhile, following a constitutional amendment in 2004, the State Security Courts were abolished and the applicants' case was transferred to the Diyarbakır Assize Court.
43.  On 10 April 2007 the Diyarbakır Assize Court acquitted the applicants of the charges.
44.  In February and March 2000 the applicants Zeki Aşan, Bazi Aşkan, Ahmet Aşan, Zübeyir Aşan and Adil Aşan applied to the Diyarbakır branch of the Human Rights Foundation of Turkey for a medical examination and treatment.
45.  On 1 June 2006 Dr M. Emin Yüksel furnished medical notes (tıbbi epikriz) on the state of health of these applicants. Having heard and examined the applicants, Dr Yüksel diagnosed them as mainly suffering from post-traumatic stress disorders.
46.  On 18 May 2006 the representative of the applicants Abdullah Aşan, Adil Aşan, Ahmet Aşan, Bazi Aşkan, Halit Aşan, Şahbaz Aslan, M. Sıddık Aslan, Süleyman Aslan, Übeyit Yacan, Zeki Aşan, Zeki Aslan and Zübeyir Aşan applied to the Forensic Medicine Experts' Association and asked for an assessment of the medical reports provided by the Beytüşşebab Health Centre in the light of the applicants' allegations of ill-treatment.
47.  On 7 June 2006 the applicants furnished the Court with the assessment reports prepared by three forensic medicine experts who concluded that the reports dated 22 September 1999, prepared by the Beytüşşebap Health Centre, were insufficient since there was no indication that the patients had been subjected to sufficient medical examinations or psychological tests. The experts further observed, in respect of each applicant, the following:
a)  Abdullah Aşan
48.  Abdullah Aşan complained that a truncheon had been inserted in his anus and, in the course of his medical examination, tenderness had been identified on his calf and thigh. However, this point was not clarified by physical and psychological examinations. The finding that he had difficulty in moving his arms and shoulders could have resulted from the “hanging by his arms”, mentioned in the petition. Having regard to the medical findings and the allegations, and in the absence of an adequate examination, it was considered that Abdullah Aşan could have been subjected to physical violence.
b)  Adil Aşan
49.  The finding that Adil Aşan had tenderness and difficulty in moving both his arms could have resulted from “hanging by the arms”, mentioned in the petition. In the absence of a sufficient examination, it was considered that the allegations matched the findings in the medical report.
c)  Ahmet Aşan
50.  The finding that Ahmet Aşan had tenderness and difficulty in moving his arms and shoulders could have resulted from the “hanging by the arms” mentioned in the petition. In the absence of a sufficient examination, it was considered that the allegations matched the findings in the medical report.
d)  Bazi Aşkan
51.  The finding that Bazi Aşkan had tenderness on his left shoulder and that he had difficulty in moving his left arm could have resulted from the “hanging by the arms”, mentioned in the petition. In the absence of a sufficient examination, it is considered that the allegations matched the findings in the medical report.
e)  Halit Aşan
52.  Halit Aşan was kept in police custody for nine days. He alleged that he had been beaten up and subjected to physical violence and torture for five days. By the time of the medical examination, certain lesions could have healed and the visual examination might not have been sufficient to identify the alleged trauma.
f)  Şahbaz Aslan
53.  The finding that Şahbaz Aslan had a difficulty in moving his arms and that there was tenderness on his back could have resulted from “hanging by the arms”. By the time of the medical examination, certain lesions could have healed and the visual examination might not have been sufficient to identify the alleged trauma. In the absence of a sufficient examination, it was considered that the allegations matched the findings in the medical report.
g)  Mehmet Sıddık Aslan
54.  Mehmet Sıddık Aslan alleged that he had been kept in detention in custody for nine days and that he had been beaten up and subjected to physical violence and torture for five days. By the time of the medical examination, certain lesions could have healed and the visual examination might not have been sufficient to identify the alleged trauma. However, it was considered that the physical findings mentioned in the medical report corresponded to the allegations made by Mehmet Sıddık Aslan.
h)  Süleyman Aslan
55.  The finding that Süleyman Aslan had tenderness on his left shoulder could have resulted from the “hanging by the arms”, mentioned in the petition. In the absence of sufficient examination, it was considered that until the medical examination, certain lesions could have healed and that the findings in the medical report corresponded to the allegations of ill-treatment.
i)  Übeyit Yacan
56.  The finding that Übeyit Yacan had tenderness on his shoulders and that he had difficulty in moving his left arm could have resulted from the “hanging by the arms”, mentioned in the petition. In the absence of sufficient examination, it was considered that by the time of the medical examination, certain lesions could have healed and that the findings in the medical report corresponded to the allegations of ill-treatment.
j)  Zeki Aşan
57.  The finding that Zeki Aşan had tenderness in his left arm and shoulder could have resulted from the “hanging by the arms”, mentioned in the petition. In the absence of a sufficient examination, it was considered that the findings in the medical report corresponded to the allegations of ill-treatment.
k)  Zeki Aslan
58.  The finding that Zeki Aslan had tenderness in his left shoulder could have resulted from the “hanging by the arms”, mentioned in the petition. In the absence of a sufficient examination, it was considered that the findings in the medical report corresponded to the allegations of ill-treatment.
l)  Zübeyir Aşan
59.  Although the medical report did not mention wounds, lesions, haematoma or ecchymoses on the body of Zübeyir Aşan, it was considered that the medical findings could have resulted from the alleged physical violence inflicted during custody.